Role of the Solicitor General

Author: Gabrielle Appleby
Publisher: Bloomsbury Publishing
ISBN: 150990395X
Format: PDF, Kindle
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Behind every government there is an impressive team of hard-working lawyers. In Australia, the Solicitor-General leads that team. A former Attorney-General once said, 'The Solicitor-General is next to the High Court and God.' And yet the role of government lawyers in Australia, and specifically the Solicitor-General as the most senior of government lawyers, is under-theorised and under-studied. The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest goes behind the scenes of government Â? drawing from interviews with over 45 government and judicial officials Â? to uncover the history, theory and practice of the Australian Solicitor-General. The analysis reveals a role that is of fundamental constitutional importance to ensuring both the legality and the integrity of government action, thus contributing to the achievement of rule-of-law ideals. The Solicitor-General also works to defend government action and prosecute government policies in the court, and thus performs an important role as messenger between the political and judicial branches of government. But the Solicitor-General's position, as both an internal integrity check on government and an external warrior for government, gives rise to competing pressures: between the law, politics and the public interest. The office of the Solicitor-General in Australia has evolved many characteristics across the almost two centuries of its history in an attempt to navigate these tensions. These pressures are not unique to the Australian context. The understanding of the Australian position provided by this book is informed by, and will inform, comparative analysis of the role of government lawyers across the world.

The Role of the Solicitor General

Author: Gabrielle Appleby
Publisher: Hart Publishing
ISBN: 9781509924721
Format: PDF, ePub, Mobi
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Behind every government there is an impressive team of hard-working lawyers. In Australia, the Solicitor-General leads that team. A former Attorney-General once said, 'The Solicitor-General is next to the High Court and God.' And yet the role of government lawyers in Australia, and specifically the Solicitor-General as the most senior of government lawyers, is under-theorised and under-studied. The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest goes behind the scenes of government - drawing from interviews with over 45 government and judicial officials - to uncover the history, theory and practice of the Australian Solicitor-General. The analysis reveals a role that is of fundamental constitutional importance to ensuring both the legality and the integrity of government action, thus contributing to the achievement of rule-of-law ideals. The Solicitor-General also works to defend government action and prosecute government policies in the court, and thus performs an important role as messenger between the political and judicial branches of government. But the Solicitor-General's position, as both an internal integrity check on government and an external warrior for government, gives rise to competing pressures: between the law, politics and the public interest. The office of the Solicitor-General in Australia has evolved many characteristics across the almost two centuries of its history in an attempt to navigate these tensions. These pressures are not unique to the Australian context. The understanding of the Australian position provided by this book is informed by, and will inform, comparative analysis of the role of government lawyers across the world.

The Tim Carmody Affair

Author: Rebecca Ananian-Welsh
Publisher: NewSouth
ISBN: 1742242545
Format: PDF, ePub
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When Tim Carmody was appointed Chief Justice of Queensland by Premier Campbell Newman in 2014, he had been Chief Magistrate for only nine months. It proved to be the most controversial judicial appointment in Australia’s history. Carmody’s elevation plunged the Supreme Court and the legal profession into a bitter conflict with the government and with Carmody himself. How did he come to be appointed to such a significant position? What can we learn from this saga about the fragile relationships between politics and the courts? The Tim Carmody Affair places the full story of Carmody’s damaging and divisive tenure in context, and identifies key reforms that could prevent this kind of controversy in the future. ‘A spellbinding and alarming account of one of Australia’s great judicial dramas that ruptured the legal profession and the courts. The Newman Government’s appointment of Tim Carmody as Queensland’s Chief Justice is a story of patronage, betrayal, leaking, and political folly. Brilliant and revealing.’ — Richard Ackland

Public Sentinels

Author: Dr Gabrielle Appleby
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472407032
Format: PDF, Kindle
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In recent years, controversy has surrounded the role of top government lawyers in the United States and the United Kingdom. Allegations of bad lawyering and bad ethics in public office over the ‘torture memos’ in the United States and the political pressure placed on the Attorney-General in the United Kingdom to approve the legality of the Iraq war, have seen these relatively obscure group of government lawyers thrust into the public debate. Unlike its Anglo-American contemporaries, Australia’s chief legal adviser, the Solicitor-General, has remained largely out of the public eye. This collection provides a rare and overdue insight into a fundamental public institution in all Australian jurisdictions. It provides a historical, theoretical, practical and comparative perspective of this little known, but vitally important, office at a time when the transparency and accountability of government has taken on an increased significance. Of interest to anyone interested in the integrity of government, the book will be particularly useful to government, political parties and the academy. It will also be a valuable reference work to those working towards a redefinition of the role of top government legal advisors.

The Critical Judgments Project

Author: Gabrielle Appleby
Publisher:
ISBN: 9781760020750
Format: PDF, ePub, Mobi
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BRODLIM x JULIEN RAYNAUD Le Penseur 2015 Kashmiri embroidery 80 cm X 80 cm Reproduced with permission of the artist, Julien Raynaud and BRODLIM © BRODLIM & Julien Raynaud www.brodlim.com www.julienraynaudart.com ______________________________________This book introduces students to a number of critical legal perspectives and demonstrates how such perspectives might be used to influence and reimagine existing legal doctrines. It extends the seminal Feminist Judgments Project and adapts it specifically for the purpose of teaching critical legal thinking. Each chapter provides extracts and commentary on the prominent thinkers within the critical discipline before a leading critical scholar rewrites the judgment in the famous 2013 decision of the High Court of Australia, Monis v The Queen, informed and reimagined through this perspective.The case required the High Court to engage with deep issues about the role of free speech in democracy, the appropriate role of the state in regulating civility of discourse and protecting vulnerable groups, and the ongoing influence of gender and race in approaching these issues. The decision was the first in which the Court split over the relevant issues along gender lines. The saliency of the identity of the judges in the case makes it natural for introducing students to the idea that who judges are, and how they understand notions of constitutional justice, may matter to the resolution of concrete constitutional questions.The book builds on the seminal work undertaken in the Feminist Judgments Project by pluralising not just the feminist critique, but the wider range of critical perspectives brought to the judicial method. The critical perspectives in this project include feminism and the public-private divide, anti-subordination feminism, critical race theory, queer theory/post-structural feminism, law and literature, political liberalism, intersectional theory, law and economics, restorative justice and deliberative democratic theory.

The NAACP s Legal Strategy against Segregated Education 1925 1950

Author: Mark V. Tushnet
Publisher: UNC Press Books
ISBN: 080788295X
Format: PDF, ePub, Mobi
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The NAACP's fight against segregated education--the first public interest litigation campaign--culminated in the 1954 Brown decision. While touching on the general social, political, and economic climate in which the NAACP acted, Mark V. Tushnet emphasizes the internal workings of the organization as revealed in its own documents. He argues that the dedication and the political and legal skills of staff members such as Walter White, Charles Hamilton Houston, and Thurgood Marshall were responsible for the ultimate success of public interest law. This edition contains a new epilogue by the author that addresses general questions of litigation strategy, the persistent question of whether the Brown decision mattered, and the legacy of Brown through the Burger and Rehnquist courts.

Model Rules of Professional Conduct

Author: ABA Center for Professional Conduct
Publisher: American Bar Association
ISBN: 9781604425178
Format: PDF, Mobi
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The Model Rules of Professional Conduct offers timely information on lawyer ethics. The black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules help lawyers identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the lawyer's relationship with clients, colleagues, and the courts.

The Scope of Government

Author: Ole Borre
Publisher: Oxford University Press
ISBN: 0198294743
Format: PDF, Kindle
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Long-term survey data reveal persistently high levels of support across Western Europe for the public provision of welfare and social security services. This volume reaches surprising conclusions about theories of ungovernability and tax revolt.

The Cambridge Handbook of Deliberative Constitutionalism

Author: Ron Levy
Publisher: Cambridge University Press
ISBN: 1108307795
Format: PDF, ePub, Docs
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Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.

Australian Constitutional Values

Author: Rosalind Dixon
Publisher: Bloomsbury Publishing
ISBN: 1509918418
Format: PDF, ePub, Mobi
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Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.